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(영문) 서울북부지방법원 2019.02.15 2018가단117026

토지인도

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1. The Defendant shall deliver to the Plaintiff the answer 2,202 square meters in Yangyang-gu, Yangyang-gu, Yangyang-gu, the Defendant indicated the annexed drawing Nos. 1, 2, 3, 4.

Reasons

1. The land on which the basis is based shall not be used as farmland other than farmland.

If construction, etc. is possible at the time of the development of this land or the cancellation of the green belt, the lessee does not claim the lessor for all compensation costs, such as seeds, crops, etc., and the lessor shall notify the lessor three months prior to the cancellation of the belt.

On January 31, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 1,300,000 per annum, and the lease term as from January 31, 2016 to March 31, 2018, with each of the following terms: (a) the lease agreement was concluded between the Defendant and the terms of the said lease agreement:

나. 피고는 2018. 1. 31.경 이 사건 토지를 인도받았고, 이 사건 토지 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 (가)부분 50㎡ 및 5, 6, 7, 8, 9, 10, 11, 12, 5의 각 점을 차례로 연결한 선내 (나)부분 200㎡ 지상에 비닐하우스(이하 ‘이 사건 비닐하우스’라 한다)를 설치하고 굼벵이와 귀뚜라미를 사육하고 있다.

C. On March 8, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement, as the Defendant used the instant land for any purpose other than farmland, in violation of the terms and conditions of the agreement, and the notification reached the Defendant on March 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, in violation of the special terms and conditions, installed a vinyl and installed a residential facility on the instant land, and the Plaintiff’s notice of termination of the lease agreement reached the Defendant on March 10, 2018 on the grounds of the violation of the special terms and conditions, and thus, the instant lease agreement was terminated at that time.

Even if it is not so, the instant lease contract was terminated on March 31, 2018 or January 31, 2019.